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(영문) 부산지방법원 2015.02.12 2014가단23269
배당이의
Text

1. A real estate lease agreement concluded on October 31, 2012 between the Defendant and B regarding the real estate stated in the separate sheet.

Reasons

Basic Facts

D Co., Ltd. (hereinafter referred to as "D") entered into a contract for construction with Hyundai Construction Co., Ltd. (hereinafter referred to as "Modern Construction") on May 30, 2012 on the construction of soil structures and cooling and cooling water drainage among E main facilities construction works.

On June 20, 2012, the Plaintiff concluded a performance guarantee insurance contract (contract) contract between May 30, 2012 and February 28, 2014, with a view to guaranteeing a contract deposit under the above construction contract between D and D, with a view to guaranteeing a contract deposit under the above construction contract amounting to KRW 266,530,00, and the insurance period was determined from May 30, 2012 to February 28, 2014, and the F (D representative director) and B (D’s in-house director) jointly and severally guaranteed all the obligations that D owes to the Plaintiff under the above guarantee insurance contract.

D suspended the above construction on November 16, 2012 due to financial difficulties.

Modern Construction decided on November 20, 2012 that D could not complete the construction in the air, urged the resumption of the construction, and notified the termination of the contract, but D did not resume the construction in this case.

Since November 28, 2012, Hyundai Construction terminated the construction contract and claimed insurance proceeds from the termination of the construction contract to the Plaintiff. Accordingly, the Plaintiff paid KRW 266,530,000 to the Hyundai Construction on March 12, 2013.

B entered into a mortgage contract with G on September 25, 2012 with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”), which is one’s own ownership, and completed the registration of establishment of a mortgage on October 29, 2012, with the maximum debt amount of KRW 78 million.

B On October 31, 2012, between the Defendant and the Defendant, entered into a real estate lease agreement (hereinafter “instant contract”) with a deposit of KRW 30 million and a lease period of KRW 24 months from November 30, 2012 with respect to the instant real estate.

The plaintiff seeks reimbursement against B in this court, and with respect to G, the plaintiff seeks the cancellation and restitution of the above mortgage contract between B and G on the premise that the above mortgage contract is a fraudulent act.

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